MAGISTRATE’S COURT

Otago Daily Times, Issue 21431, 4 September 1931, Page 3

MAGISTRATE’S COURT

Thursday, September 3. (Before Mr J. R. Bartholomew, S.M.) • UNDEFENDED CASKS. ; , Judgment was given by default in the following ; cases Holland■ Vs Edith M. Paterson, ’ claim £4 12s, for meat supplied, with costs (£1 4S Gd); Ford Motors (Dunedin), Ltd., v. Daniel Bernard Cody, claim £4 Ids, for instalments on motor ear and goods supplied, with costs (£1 3s Cd) ; W. D. and H. 0. Wills, Ltd., v. Roland William Thompson (Bluff), claini £29 Is lOd, for goods Slicd, with deists (f 1,10 s); Brown; ig and Co., Ltd., v. W. Smith (Christchurch), claim £0 Is Od, for goods supplied, with costs (£1 12s 6d) j Otago Hospital Board v. L. Sutherland, claim £l Ci s, for out-patient treatment, with costs (10s); W. Hoad v. George Bennett, claim £1 14s (Id, for goods supplied, With costs (10s); Otago Hospital Board v. John P. Mowat, claim £ls, for hoard, lodging, and maintenance, with costs (£2 16s); Otago Hospital Board v. A. Melkle (Malaura), claim £l2 17s, for board, lodging, and maintenance, with costs (£2 14s); C. and W. Hayward v. Robert Constable (Waitakt Hydro), claim £lO 10s 3d, the balance owing on furniture supplied, with costs £2 14s); Dunedin Brewery and Wilson Malt Extract Co., Ltd., v. R. King (Waitati), claim £2, for goods supplied, with costs (8s); Calder, Mackay Company, Ltd., v. John Plaistow, claim £9 9s, for goods supplied, with costs (£l 10s 6d). JUDGMENT SUMMONSES. M. M’Grath v. Neil G. M'Kinnon, claim £l4 7s. —After hearing the debtor’s evidence the magistrate declined to make an order for payment. 0. L. Holden v. Guy Hellyef Nash, claim £5 Ss.—-After the debtor had been examined an order was made for the payment of the amount, with costs (13s), in default six days’ imprisonmen. The warrant was suspended so long as the debtor pays 10s a week. CLAIM FOR WAGES. John Kearns, for whom Mr E. J. Anderson appeared, proceeded against Hugh William Harris, of Heriot, who was represented by Mr C. M. Barnett, claiming £3 2s Gd, the balance of wages alleged to be due. —The plaintiff said that he had been employed by the defendant, a farmer, at 15s a week. He denied that he had agreed to the reduction of that amount. Until the week before he left no complaint had been made about his work.-—The defendant stated that the boy’s work had not been satisfactory, and he had agreed after his first week’s work that his wages should be reduced to 10s a week. The plaintiff had not given notice before he had left.-—The magistrate said that the terms under which the plaintiff had been employed had been 15s a week and found. It was for Harris to prove that there had been a new agreement reducing the amount of wages. It was for the' purpose of avoiding such disputes as this that these matters were reduced to writing. It could not be said that it had been proved that there had been a new agreement, and he must take it that the plaintiff had remained on the terms of the original agreement. The circumstances did not show that a week’s notice had not been given. Judgment would be given for the plaintiff for the full amount, with costs (£2). PLAINTIFF NON-SUITED. Charles Gordon Shand (Mr F. G. Dawson) proceeded against Manuel Godfrey Shepherd (Mr R. S. Bremner), of Balclutha, on a claim for £6 10s.—The plaintiff, who stated that he was the licensee of the Fitzroy Hotel, gave evidence that be had sold Shepherd a caso of whisky two years ago, and had not yet been paid. He had written to the defendant, who, when plaintiff had seen him at Balclutha on one occasion, had promised to pay the amount. —The defendant denied that he had purchased the whisky. He said that it had been bought by the plaintiff’s brother.—“lf I were to attempt to come to a decision it would be a matter of pure speculation,” said the magistrate. “ I don’t propose to do so, and the plaintiff must be non-suited.”—The' defendant was allowed costs (£2 3s Gel).